This section contains the nature of the case and procedural background.

Husband (H) and Wife (W) agreed to split and made a separation agreement wherein H would pay W $20 per week. Payments were to cease in the event of remarriage. The agreement was signed and sealed in the presence of the parties. That was in 1967. In 1973, W sought to get payment on the amounts due under the agreement which amounted to $5660 in arrears. W sued H. H claimed that the agreement was not supported by consideration. W prevailed. H appealed.

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